European Employment Law Cases

Case Reports

2019/10 Employee’s right of choice between transferor and transferee in the event of a business transfer (NO)

Keywords Transfer of undertakings, Employees who transfer/refuse to transfer
Authors Bernard Johann Mulder
Author's information

344918 Bernard Johann Mulder
Bernard Johann Mulder is a professor at University of Oslo, Faculty of Law, Department of Private Law.
  • Abstract

      As a result of a transfer of an undertaking an employee lost her pension scheme rights. The transferor was bound by the pension scheme covering the employee which had been agreed upon in a collective agreement. However, the transferee company gave notification that it did not want to be bound by the collective agreement and, thus, the pension scheme. The Norwegian Supreme Court (Høyesterett) considered this loss a material negative change to the employment relationship. Therefore, the employee had the right to make use of the non-statutory exception rule of the right to insist upon continuation of the employment with the transferor, a non-statutory right of choice.

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